Sexual activity with detained persons.

Existing law makes it a crime for certain persons, including an employee or officer of a public entity detention facility, or an employee, officer, or agent of a private person or entity that provides a detention facility or staff for a detention facility, or a person or agent of a public or private entity detention facility, to engage in sexual activity with a consenting adult who is confined in a detention facility. For purposes of those provisions, "detention facility" includes a vehicle used to transport a person during a person's period of confinement. This bill would make those provisions applicable to peace officers, and would specify that transport of a person during confinement also includes transporting a person after he or she has been arrested but has not been booked. By expanding the scope of a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.